| Kingman v Zmoore Ltd. |
| 2015 NY Slip Op 50243(U) [46 Misc 3d 148(A)] |
| Decided on March 2, 2015 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Jennifer G. Schecter, J.), entered December 16, 2013, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
Per Curiam.
Final judgment (Jennifer G, Schecter, J.), entered December 16, 2013, affirmed, with $25 costs, for the reasons stated by Jennifer G. Schecter, J. at Civil Court.
The credited testimony and photographic evidence amply supports the trial court's detailed factual findings that tenant materially breached the governing commercial lease agreement by, inter alia, failing to timely remove the containment wall it erected in the building's cellar area and storing restaurant equipment and other items in the building's common space, thereby blocking ingress and egress in the cellar, including access to the building's electrical and elevator equipment. The court was warranted in rejecting tenant's contention that the demonstrated lease violations were de minimus, and in dismissing tenant's affirmative defenses of waiver and laches, defenses barred by the clear "no waiver" provisions of the governing lease.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur